Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-08-18
+ NATION
'~'..FoR....
0wHERS AND L0cATORs
.ss.oF....

APPLICATION FOR PATENT,

PoPcIb nave once been filed Will
register aud Receiver they become a nas.
Tue record, and can neither be withdrawn
returned. but must be transmitted to the Ga.oo'
eral Land ONCE. "o zen
An application will be rejected when thu
sufficient.
Application for patent will be rejected h.
First The notice was published witbon.n.
knowledge Of the Register.
Second-The notice was not publtshaa l.
claim. eS'tne
Third-Record title was found ds,so,,,.
and 1'iecuVe,
Fourth--A previous application h.a 49,.
made for the same premises, which was ~
drawn pending . suit in Court commencad y.
the adverse claimant.
An application for patent will be reiec,sd
wnen .ne survey does not accurately define the
Where the claim was not located In scoord.
ance with law.
Where several parties own separate and d,s.
tnct portions Of q claim, application 10,
patent may be made by either for IN Al no,,ios
Of the claim owned by him: but where sors,ai
parties W undivided interests In |. MINING
claim all should join In an application FOR q
patent.
A person or association may purchase a.
many placer locations as the local law sdmlta.
and embrace them all in one application for =
patent.
Two or more lodes cannot be embraced 4,
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn TO before any person purport.
ing to act as o deputy for the Register and RI.
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries of a town alta
9 clause 10 inserted "excepting and excluding
all town property, rights upon the surface
and all houses, buildings, structures, lots
blocks. streets, alleys or other municipal im
provements not belonging to the grantee here.
In, and all rights necessary or proper to the
occupation, possession and enjoyment of the
same"
Publication of notice must be made n only
one newspaper for the period Of 90 days.
Notice must be published 10 consecutive
weeks In weekly newspapers. and in daily
newspapers 60 days must elApse between the
first and last insertions.
Where the Register d esignstes the daily issue
of . newspaper for publication Of notices of .
mining application for patent 10 10 not q com.
| pliance With law 10 change to the weekly edi.
ton Of the same paper without authority Of
the Register.
The existence OF q salt spring on Q tract Of
land withdrsws 1t from the operation Of the
Homestead and presumption laws. A hearing
for the purpose of proving the agricultural
character Of such land 10 not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must hle 9 separate snd
distinct claim against each application which
1t is alleged conflicts with the premises owned
by such adverse claimant.
The papers In 81 adverse claim, once fled,
cannot be withdrawn. but becomes . part of the
record.
When an adverse claim has been filed IT can.
not be amended so as to embrace 9 larger per-
ton Of the premises than that described in the
| original adverse claim.
An adverse claim must be made out in
proper form and filed In the proper local Office
during the period Of publication of the appli.
cation for the patent to be effective.
1t Is the duty OF the adverse claimant o
suit in proper form within the re-
quired time, and IL he trusts the uncertai
medium Of the United States mail he mua
abide the consequences. should the della!
ensue, through misfortune or accident. Should
the failure to commence suit be the result Of
the cor fupt or dishonest action OF his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which he bases his adverse
| claim. A statement in general terms, embody.
| ing conclusions Of law. without stating the
facts specially, Will not he considered In evi'
dence.
An adverse claimant should show q compli.
ance with the local laws In recording his claim
| and In regard TO expenditures, and shall he .
copy Of the original notice of his location, and
snow the nature OF eAten' Vi 'hc oonn0'
alleged.
An allegation of parties to q suit tina. they
| compose the company 10 sufficient, and they
are not required to prove that they are the
| original ~locators or the identical parties who
| present the adverse claim.
AeRrcuLruaAL OR MINERAL LANDS.
Where land is Of little. If any value, for agrl
cultural purposes, but 10 essential to the
| proper development Of mining claims. IL
L. a.oooaaA ~ rnAar tha Mining Act
Where lands containing valuable mineral
deposits have been Included In an agricultural
entry, said entry will be Cancelled at any time
| prior to issuance OF patent, upon Satisfactory
| evidence OF the existence Of such valuable de-
posits.
Where valuable deposits of mineral are dis
| covered upon q tract sfter the same 1as been
entered ~ agricultural, but before ! ,tent mas
been issued, the parties claiming the mine
may make application for patent Tor sans
| and the agricultural entry will be Cancelled : ,
| that portion Of the land embraced BY sAia
mining claim.
where mineral deposits are discovered on
agricultural lands after the patent has Desa
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may mako . mining location ana
ulbRO1u VI ~ Wv " go aha
before disposing OF the mine. Proof thAt w
I party was not 9 citizen before diaposlng OF d"
claim must be afhrmatively shown. 49,.
Locstors and intermediate owners otne'
than applicants, will not be presumed ALons.
| in the absence Of allegation or objection pf'o'
to issuance Of patent.
The portion of 0 mining claim sofa Us
alien cannot be patented while such owner
an alien; but ON his declaration 10 peooMs'
citizen HIS right dates back to bis purSaasSs,
aud he may thereupon secure unitea oA"'
patent for his claim.
Cnoss LRDGEs.
Revised Statutes. Section 1850: ..sae.
Where two or more lodges cross or in" snd
each other, priority of title shall govern, ara
such prior location shall be entitled 10 ~
or mineral contsined within the space o. nave
section, but the subsequent location snsii ,ntsr.
the right Of way through the space OF isnt
section for the purpose OF the conve aors
working Of the min And where two OF .hsIl
veins unite the oldest or prior locatIon IN.
take the vein below the point OF union'
Guiding all the space of intersection.
TUNNELS.
There lie no authority OF law for = a.on
location 5000 by /, 500 feet. A proper io'S"'N
is the width of the tunnel for 5000 foet. uno
There is no provision OF law Tor pst Yen nn.
tunnel locations, but lodes discovered
ming Q tunnel may be patented III iiA